Collaborative Divorce

Considering a Collaborative Divorce

In many divorces, parties and their lawyers have a “win-lose” approach toward litigation. A divorce case becomes a zero-sum game. But in a collaborative divorce, parties use mediation and negotiation to settle their divorce. This collaborative approach can help resolve a divorce in a peaceful, less expensive manner.

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How Does It Work?

Step 1: Divorcing spouses and their attorneys sign a “no court” agreement before the process begins. This guarantees that if the case does continue to litigation in court, both attorneys withdraw from the case.

Step 2: Each party hires their own attorney from separate law firms. Both spouses should make sure that the attorney assigned to their case understands the importance of and focus on mediation and negotiation.

Step 3: Each party should meet with their attorney, one-on-one. This meeting will allow a free-flow of information about what each individual is seeking within the divorce process. Throughout this process, the divorce parties and their respective attorneys agree on the parameters surrounding the outcome of the divorce.

Step 4: Divorcing spouses and their attorneys meet as a group – more than likely, this will occur as a series of meetings. Depending on the situation, sometimes other professionals such as child custody specialists or licensed mediators may be brought in to help along the process.